CCR2008109-Veolia
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #109-2008
RESOLUTION AUTHORIZING AGREEMENT
TO WAIVE RENEGOTIATION OF EXISTING AGREEMENTS
AFFECTING THE VEOLIA EMERALD PARK LANDFILL
AND THE VEOLIA EMERALD PARK LANDFILL WESTERN
HORIZONTAL EXPANSION
WHEREAS, the Veolia Emerald Park Landfill (formerly known as the Onyx Emerald
Park Landfill) is a solid waste disposal facility located within the City of Muskego, Waukesha
County, Wisconsin; and
WHEREAS, the City of Muskego, Waukesha County, City of Franklin, Town of
Norway, and Racine County each constitute an "Affected Municipality" under Wis. Stat. §
289.01(1); and
WHEREAS, on or about December 23, 2005, Veolia Emerald Park, LLC submitted an
Initial Site Report for the Veolia Emerald Park Landfill Western Horizontal Expansion; and
WHEREAS, pursuant to Article IV, paragraph 27 of the 1999 Negotiated Agreement,
the "Affected Municipalities" can agree to waive negotiations for future expansions thereby
continuing applicable terms and rate schedules found in the 1999 Negotiated Agreement; and
WHEREAS, after careful consideration of the Initial Site Report as it relates to the future
operation of the Veolia Emerald Park Landfill, the provisions of the 1999 Negotiated Agreement,
and the commercial benefit and health, safety, and welfare of the public, the City of Muskego
Common Council passed Ordinance 053-2006 electing to exercise it option pursuant to paragraph
27 of the Negotiated Agreement to waive negotiations.
NOW THEREFORE, the Common Council of the City of Muskego, Waukesha County,
Wisconsin DO ORDAIN AS FOLLOWS:
That the City of Muskego shall sign the Agreement between Veolia and the City of
Muskego, City of Franklin, Town of Norway, Racine County, and Waukesha County for the
Expansion of Veolia Emerald Park Landfill to waive renegotiation of the Veolia Emerald Park
Landfill Western Horizontal Expansion and thereby make applicable all terms and rate schedules
for compensation set forth in the Agreement.
BE IT FURTHER ORDAINED the City of Muskego shall sign the Settlement
Agreement between Veolia ES Emerald Park Landfill, LLC and the City of Muskego, City of
Franklin, Town of Norway, Racine County, and Waukesha County that resolves Rounding
Overpayment and State Fees payment under the 1999 Negotiated Agreement by granting Veolia a
one-time exemption of 61,031 tons of shredder fluff from the Direct Payments.
Reso. #109-2008 Page 2
Dated this 27TH day of MAY 2008.
CITY OF MUSKEGO
______________________________
John Johnson, Mayor
ATTEST:
______________________________
Janice Moyer, Clerk-Treasurer